Lopez v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of drug use. We now confirm.

The misbehavior report, together with the positive urinalysis test results and related documentation, along with the testimony adduced at the hearing, comprise substantial evidence to support the determination…